If you are 18, 19, or 20 and have been told that you are already “too old” for Special Immigrant Juvenile Status, do not assume that is true simply because you are legally an adult.
Special Immigrant Juvenile Status, often called SIJS, is an immigration classification for certain young people who have experienced abuse, neglect, abandonment, or a similar form of maltreatment under state law and meet specific state-court and federal immigration requirements.
The process can be especially confusing in New Jersey because SIJS involves both New Jersey Family Court and U.S. Citizenship and Immigration Services (USCIS). The age requirements also do not simply end when someone becomes a legal adult at 18.
For unmarried young people who have already turned 18 but have not yet reached age 21, turning 18 does not by itself end the SIJS process. In New Jersey, however, both the state-court filing and the federal immigration filing have age requirements, so timing matters.
Are You Automatically Too Old for SIJS at 18?
No.
Under federal immigration rules, a person seeking SIJ classification generally must be under 21 when the Form I-360 petition is filed with USCIS, remain unmarried while the petition is pending, be in the United States when seeking SIJ classification, and be the subject of a qualifying state juvenile-court order.
Turning 18 does not automatically make someone ineligible for SIJS. For young people in New Jersey who believed adulthood closed the door on this form of immigration relief, the more important question is whether the required state and federal filings can still be made before age 21.
Under New Jersey's current SIJS filing rules, the young person must be under the age of 21 and unmarried when the predicate complaint is filed. A young person who is already 18 or older can also file that predicate complaint on their own behalf.
Federal immigration law separately requires the person to be under 21 when the Form I-360 is filed with USCIS.
That does not mean every person under 21 qualifies. SIJS has specific requirements involving the young person's family circumstances and findings that must first be made by an appropriate state court.
Why Does a New Jersey Court Matter in a Federal Immigration Case?
SIJS is a federal immigration benefit, but USCIS does not make every determination required for the case.
The process generally begins with a state court because state judges decide issues involving custody, dependency, parental relationships, neglect, abuse, abandonment, and a young person’s best interests.
In New Jersey, these matters are handled through the Superior Court, Family Part.
For SIJS purposes, the court must make specific findings concerning the young person’s circumstances. Those findings become part of the evidence submitted with the federal SIJ petition to USCIS.
A New Jersey judge does not grant Special Immigrant Juvenile Status or a Green Card. The judge makes state-law findings that can support the later immigration filing.
USCIS remains responsible for deciding whether the federal SIJS requirements have been satisfied.
What Does the New Jersey Family Court Have to Find?
A qualifying SIJS predicate order needs to address several specific issues.
The court first needs to confirm that the young person is under 21 and unmarried when the predicate complaint is filed.
The court must have authority under New Jersey law to make decisions concerning the young person's custody and care. It must also determine that the young person is dependent on the court or has been placed in qualifying court-ordered custody.
The court must also find that returning to the care of one or both parents is not viable because of neglect, abandonment, abuse, or another comparable reason recognized under state law.
Finally, the court must determine that a return to the country where the young person or a parent is a national, or where either last habitually resided, would not be in the young person’s best interests.
These findings are sometimes called SIJS predicate findings because they establish the state-court foundation for the immigration petition that follows.
The court is not simply signing an immigration form. The requested findings need to be supported by the actual history and circumstances of the young person’s family.
Can You Qualify for SIJS If You Are Safe With One Parent?
SIJS does not necessarily require a young person to have been abandoned, neglected, or abused by both parents.
Federal law refers to reunification with one or both parents being not viable because of abuse, neglect, abandonment, or another comparable reason recognized under state law.
That can be important for a young person who lives safely with one parent in New Jersey but has a very different history with the other.
For example, one parent may have left years ago, failed to provide care or support, or subjected the young person to circumstances that need to be evaluated under New Jersey's standards for abuse, neglect, abandonment, or a similar basis.
Those facts do not automatically establish SIJS eligibility. But living with and having a positive relationship with one parent does not, by itself, prevent a young person from being considered.
The specific family history therefore needs to be evaluated rather than assuming SIJS is limited to young people who have no parent caring for them.
At the Law Office of Nita Kundanmal, P.C., we look at the young person's relationship and history with each parent individually because those facts can be central to understanding whether the required SIJS findings are supported.
Why Do New Jersey and Federal Filings Need to Happen Before 21?
Timing is one of the most important parts of an SIJS case for someone who is already 18, 19, or 20.
In New Jersey, the young person needs to be under 21 when the SIJS predicate complaint is filed in Family Part. Federal law separately requires the person to be under 21 when the Form I-360 petition is filed with USCIS.
The New Jersey court process comes first. The qualifying predicate order containing the required findings is then submitted as part of the SIJ petition to USCIS.
Once a qualifying Form I-360 has been properly filed while the young person is still under 21, turning 21 while the petition is pending does not, by itself, make the person ineligible for SIJ classification. That protection does not eliminate the need to complete the required state-court process and file the Form I-360 before the applicable age deadlines.
That means a young person approaching 21 has more than one step to address.
The process can involve gathering information about family history, parental relationships, current living arrangements, and the facts relevant to the best-interest determination. The Family Part complaint then needs to be prepared and filed, the required court findings obtained, and the Form I-360 filed with USCIS.
Waiting until shortly before a 21st birthday can therefore create serious timing problems.
What Happens After the New Jersey Court Enters an SIJS Predicate Order?
Obtaining the Family Part order is an important step, but it is not the end of the immigration process.
The young person must then file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with USCIS and establish eligibility for SIJ classification.
If USCIS approves the SIJ petition, the young person may be able to seek lawful permanent residence through a separate adjustment of status process when the applicable visa-availability requirements allow it, provided the other adjustment requirements are satisfied.
An approved SIJ petition does not itself grant a Green Card or lawful permanent resident status. The adjustment-of-status stage remains a separate process with its own eligibility requirements, and USCIS must separately decide whether the young person qualifies for permanent residence.
Visa availability can also affect when that stage can move forward. Understanding that sequence can help families plan realistically instead of assuming that obtaining the New Jersey court order or approval of Form I-360 completes the entire immigration process.
What Should You Do If You Are Already 20 and Approaching 21?
If you are nearing 21, it is especially important to have your circumstances reviewed promptly.
Do not assume you qualify simply because you are under 21. But do not assume you have already lost the opportunity simply because you turned 18 several years ago.
The important questions include your exact age and upcoming birthday, marital status, where and with whom you are living, your relationship and history with each parent, and whether those facts could support the findings the New Jersey Family Part must make.
The review should also consider whether another immigration option applies to your circumstances, rather than assuming SIJS is the only possible path.
Talk With a New Jersey Immigration Attorney About Your SIJS Options
Young people dealing with abandonment, neglect, abuse, or family instability have often already had to handle adult responsibilities earlier than they should have.
Learning that the immigration process also involves a New Jersey court proceeding can feel overwhelming, especially when approaching age 21 adds real-time pressure to the required filings.
At the Law Office of Nita Kundanmal, P.C., we help clients understand how the New Jersey Family Court portion of an SIJS case connects with the immigration process that follows. That includes reviewing the young person's family history and current living situation, identifying the facts relevant to the findings the Family Part must make, addressing the state-court portion of the process, and helping clients understand what must happen before the applicable state and federal age deadlines are reached.
If you are 18, 19, or 20 and believe SIJS could apply to your situation, consider having your circumstances reviewed before assuming that you are too old to pursue this form of immigration relief.
To get started, use our contact form to schedule an appointment to speak with a New Jersey SIJS lawyer.
Disclaimer: This article is for informational purposes only and is not a substitute for legal advice regarding an individual immigration matter. If you are seeking legal advice, please contact our law firm directly.